Texas Property Code 94.053 – Lease Requirements and Disclosures
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(a) A lease agreement must be:
(1) typed or printed in legible handwriting; and
(2) signed by the landlord and the tenant.
(b) The landlord shall provide the tenant with a copy of the lease agreement and a current copy of the manufactured home community rules after the lease has been signed.
Terms Used In Texas Property Code 94.053
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) A lease agreement must contain the following information:
(1) the address or number of the manufactured home lot and the number and location of any accompanying parking spaces;
(2) the lease term;
(3) the rental amount;
(4) the interval at which rent must be paid and the date on which periodic rental payments are due;
(5) any late charge or fee or charge for any service or facility;
(6) the amount of any security deposit;
(7) a description of the landlord’s maintenance responsibilities;
(8) the telephone number of the person who may be contacted for emergency maintenance;
(9) the name and address of the person designated to accept official notices for the landlord;
(10) the penalty the landlord may impose for the tenant’s early termination as provided by § 94.201;
(11) the grounds for eviction as provided by Subchapter E;
(12) a disclosure of the landlord’s right to choose not to renew the lease agreement if there is a change in the land use of the manufactured home community during the lease term as provided by § 94.204;
(13) a disclosure of any incorporation by reference of an addendum relating to submetering of utility services;
(14) a prominent disclosure informing the tenant that Chapter 94, Property Code, governs certain rights granted to the tenant and obligations imposed on the landlord by law;
(15) if there is a temporary zoning permit for the land use of the manufactured home community, the date the zoning permit expires; and
(16) any other terms or conditions of occupancy not expressly included in the manufactured home community rules.
(d) A lease provision requiring an increase in rent or in fees or charges during the lease term must be initialed by the tenant or the provision is void.
(e) Any illegal or unconscionable provision in a lease is void. If a lease provision is determined void, the invalidity of the provision does not affect other provisions of the lease that can be given effect without reference to the invalid provision.